A public acquisition overlay (“PAO”) affected your property when you purchased it.

You were aware of the effect of the PAO (or the existence of a prior compensation claim) when negotiating to buy your property but the price paid by you did not reflect the effect of the PAO on the development and use of your property.

Hypothetical fact situation

  1. Ann saw a property for sale on the highway.
  2. Ann negotiated the purchase without the assistance of a town planner, valuer or solicitor.
  3. The price paid by Ann made no allowance for the effect of the PAO (or the prospect of subsequent compensation being paid to the vendor).
  4. The vendor made a successful claim for compensation[1].
  5. Ann now wishes to obtain a planning permit for the development and use of her property but, before preparing and submitting her planning permit application, her town planner suggests that she explore her rights and entitlement to compensation (if any).

If your situation is similar to Nick’s, can you answer these questions? *

  • Do you know your rights and obligations which arise from these circumstances?
  • What effect will the PAO have on your proposed planning permit application?
  • Do you have any entitlements to compensation?
  • What happens if the PAO is removed from the planning scheme?
  • How is a claim for compensation triggered?
  • How is a claim for compensation made?
  • Could you fully explain the effect of the PAO to your agent if you subsequently propose to sell the property?

How can we help?

We can help by:-

  1. Identifying the precise area affected by the PAO (if only part of your property is affected) and its likely effect on your planning permit application;
  2. Explaining the purpose of the PAO and the potential timing of the compulsory land acquisition;
  3. Exploring the benefits in retaining a valuer and other professionals to assist in determining the market value of your property (if relevant); and
  4. Explaining the likelihood of you being able to trigger a claim for compensation and its prospects of success.

If you subsequently decide to sell, we refer you to a further Hypothetical Fact Situation

Once you are fully informed, we are able to manage any course you wish to pursue.

The making of an appointment

Please make an appointment with us by telephoning one of our solicitors – Selina Clark (03) 9861 7731, Lauren Sullivan (03) 9861 7715 or Desmond Khoo (03) 9861 7763.

At this appointment, please bring the completed Client Information Sheet and as much of the documentation listed therein as you are able to gather as this will aid in the giving of advice.

[1] If the vendor did not make a claim for compensation, the view of the purchaser and his successors may well be different